Writ of mandamus cannot force compassionate appointment contrary to binding service regulations and recruitment instructions.

A writ of mandamus cannot compel compassionate appointment where binding statutory regulations and recruitment instructions prohibit such appointment if a family member of the deceased employee is gainfully employed. The governing framework under the Life Insurance Corporation Act, 1956, its Staff Regulations and the applicable circulars controlled the claim, and sympathy could not override those legal restrictions. The proper approach is consideration only in accordance with the applicable provisions; a court cannot direct an authority to act contrary to the governing law.

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Issues: Whether a writ of mandamus could direct appointment on compassionate grounds in the face of governing statutory regulations and instructions that did not permit such appointment when a member of the deceased employee's family was gainfully employed.

Analysis: The Corporation was a statutory body governed by Section 49 of the Life Insurance Corporation Act, 1956, its Staff Regulations and the recruitment instructions issued under them. Those instructions limited compassionate relaxation to cases where none of the specified family members was gainfully employed, and the circular issued by the Corporation further prohibited compassionate appointment where any family member was employed. The Court held that sympathy could not override statutory control, and that a writ court cannot compel an authority to do what the governing law forbids. The proper course, where a claim is made under such a regime, is consideration in accordance with the applicable provisions and not a direct command to appoint.

Conclusion: The direction for compassionate appointment was unsustainable and the appeal was entitled to succeed.

Final Conclusion: The judgment under challenge was set aside because mandamus could not be issued to secure an appointment inconsistent with binding statutory regulations and instructions.

Ratio Decidendi: A writ of mandamus cannot be issued to compel an act that is contrary to the governing statutory provisions, regulations, or instructions.

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